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  4.  | Division Of Retirement

What Happens To Retirement Benefits In A Divorce?

Retirement benefits are considered community property and must be divided equally between divorcing parties. Unfortunately, this can get complicated. Depending on the type of retirement benefit in question and the amount involved, there can be long-term tax implications, as well as considerable difficulty in estimating the value of the assets in question.

The attorneys of The Koblin Family Law Center have extensive experience dealing with high-asset divorces. We understand how dividing your retirement accounts can affect your bottom line, whether you are three years from retirement or 30. We work hard to protect your interests and come up with solutions that will allow you to keep what is most important to you while finding compromise on property you can let go.

Important Considerations In Division Of Retirement Benefits

Any retirement asset the two of you purchased or invested in together or one of you owned separately that saw an increase during the marriage is subject to California property division laws. Many people are surprised by this during their divorce and do not know how to deal with it.

Accounts you invested in together will need to be divided equally between you. Accounts that you owned prior to the marriage must be evaluated to determine the amount of increase during the marriage. That portion is subject to division as part of the marital property.

Our lawyers understand how to use a qualified domestic relations order (QDRO) to allot each person’s share of a retirement account so when it matures, the respective portion is available to each individual. We have worked with all retirement vehicles, including IRAs, military pensions and 401(k) accounts.

Each of these accounts has its unique issues and needs to be treated carefully to ensure you have the resources you need when you retire. When necessary, we work with financial professionals to assess the value of your retirement accounts and how splitting them may affect your bottom line. We know how to draft QDROs to ensure you are treated fairly in the division of your retirement benefits.

We Can Help Keep Your Nest Egg As Safe As Possible After Your Divorce

Please contact our office in Pleasanton at 925-298-2961 or through our online form to speak with one of our attorneys about how to handle your division of retirement benefits.

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"Kennedy helped me with my legal issue and was just amazing throughout the whole process. He was always available to explain everything to me and really put my mind at ease. I am not an easy person to work with and Kennedy really helped me calm down and guided me through my issue. I could not have obtained the result I did without Kennedy's expert assistance. His command of the law is truly impressive." — Jeff
"Even though Kennedy looks like a 17 year old, he is impressive in his knowledge of law, his intuition of the case and his strategies for settlement. He seems equally capable and comfortable in the courtroom or at the settlement table. He helped me weigh the facts, consider the emotions and evaluate the cost of my case. He leans toward the collaborative style of divorce and I believe wants the best for his clients. In partnership with Cristin Lowe, they make an impressive team." - William
"Kennedy also helped me relax as much as possible. The emotional cost in such cases is extremely high. Kennedy would help manage this and understood the struggle I faced. He acted with great professionalism and with compassion to help me work through the case..." - Robert